Opinion
2005-11685.
September 19, 2006.
Proceeding pursuant to CPLR article 78 in the nature of prohibition and mandamus, inter alia, to prohibit Damian Amodeo, a Judge of the Family Court, Dutchess County, from proceeding in a matter entitled Matter of Shockome v Shockome, pending in that court under docket Nos. V-5156-02, V-5157-02, V-5620-02, V-5621-02, and V-5362-02.
Yevgenia Shockome, Poughkeepsie, N.Y., petitioner pro se.
Before: Adams, J.P., Santucci, Lunn and Dillon, JJ.
Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.
"Because of its extraordinary nature, prohibition is available only where there is a clear legal right, and then only when a court — in cases where judicial authority is challenged — acts or threatens to act either without jurisdiction or in excess of its authorized powers" ( Matter of Holtzman v Goldman, 71 NY2d 564, 569; see Matter of Rush v Mordue, 68 NY2d 348, 352). Similarly, the extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act and only when there exists a clear legal right to the relief sought ( see Matter of Legal Aid Socy. of Sullivan County v Scheinman, 53 NY2d 12, 16).
The petitioner has failed to demonstrate a clear legal right to the relief sought.